Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco. Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.

We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.

TAKEAWAYS

1.Getting the Word Out to Lawmakers

� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants. � The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!! � They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible

BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.

2.Content

� They repeatedly said they were impressed with our presentation (go check it out). � They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals. � They liked the fact that we printed and bound two copies of the presentation to give them. � We also gave them copies of our tri-fold brochure � We also gave them a number tabbed, bound copy of the following

3.Action Items � We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers. � They wanted to know more about how our meetings with other lawmakers are going. � I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully. � They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.

BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.

4. Lessons for future meetings with lawmakers/ Lessons for other states � Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience. � Get organized, print and bind copies of the presentation and additional docs listed above to give to them. � Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting. � Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work � Ask how you can follow up with them, what they would like you to do � Write to thank them for their time and reiterate your basic points

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immilaw

09-17 11:44 AM

Few things to remember 1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.

2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).

3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.

Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.

I think people from India with post 2004 Pri dates should a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change

b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.

c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.

d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.

e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).

Use this thread to post new ideas.

I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.

I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

Also is it common to have the PD box blank in the 485 receipt notice?

Thanks in Advance!!!!!

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suratvoice

12-17 11:06 AM

Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.

Where can I find these job codes, I can lookup the old job code because I have the 750, but for the new one, where can i find that, I just have the company's job posting...

Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.

Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.

The message you have to deliver when calling these offices is

I would like Representative "Representative Name" to co sponsor bills HR 5882, HR 5921 and HR 6039, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.

DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS

Only if the staff member bring up the issue of CIR, in that case say that -

In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.

.

Ruben Hinojosa phone: 202-225-2531

Hilda Solis 202 225 5464

Ciro Rodriguez 202 225 4511

Lucille Roybal-Allard 202 225 1766

Raul grijalva ph (202) 225-2435

Charles Gonzalez Phone: (202)225-3236

Dennis Cardoza (202) 225-6131

Jim Costa (202)225-3341

Henry Cuellar phone: 202-225-1640

Senator Robert Menendez 202 224 4744

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bluez25

07-16 04:03 PM

Hi tinku,

I got apointment in chennai consulate for August 11 and I already have a PCC from SFO Indian consulate which was issued in July last year. Unfortunatly the PCC is valid only for a year so I have to get a new one also. I emailed the Chennai Consulate and got a reply back saying that I might have to get the PCC from my local police station as well as from the passport office.

Thanks for your reply. I read somewhere that if I have a approved 140 and have already applied for 485 I can only get a 1 year ext on H1 and not 3 year. 3 year H1 ext beyond 6 years isonly for people who are not able to apply for 485 due to retrogression. Is that true? I want to maintain the H1 to be able to easily transfer n case I loose my job. yes

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usirit

10-28 08:15 AM

Sorry you had trouble finding the location. The intersection of roads was the nearest I could suggest.

Two of is. infact three including Ulises wife Dana were there. The Starbucks we were at was next to Panera Bread on the corner near a large Kohls store and Walmart.

Once again I am sorry not to have had the chance to meet you today.

Please feel free to send me a PM, give me a telephone number and I will call you.

Hey DPP...

I am sorry you didn't make it... meeting with Lynne was so enriching, I am sure we'll have more meetings to keep setting up our Chapter to promote solutions for all of us.

Lynne: Thanks again for taking the lead of this campaign... Let me know if there is something that I ca do to assist you. I'll get back to you later if there is something in my end.

H1B Visa Lawyer Blog Has Just Posted the Following: Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

Answer #1 Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.

Question #2 � Employment Based Immigration � Green Card We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

Answer #2 If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.

Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

Answer #3 The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.

Question #4 � Employment Based Immigration � Green Card I just received my Green Card, what do I do now?

Answer #4 USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.

Question #5 � General � Social Security Card How and when can I get a Social Security Card?

Answer #5 Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.

Question #6 � Employment Based Immigration - Green Card My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�

Answer #6 If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.

Question #7 � Employment Based Immigration � Labor Certification What is the difference between the old process for obtaining labor certification and the new PERM process?

Answer #7 In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.

Question #8 � Employment Based Immigration - Green Card The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

Answer #8 If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.

Question #9 � Employment Based Immigration � Green Card My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

Answer #9 Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.

Answer #10 As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.

MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next �Immigration Q & A Forum� is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Yes you can. I do not see any reason why you can't complain to DOL. first thing they did not pay you for 6 months. Second they persuaded or forced you to fake resume so that you get placed and they can make more money. It is definitely valid to complain.

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eb3India

05-21 10:26 PM

oh well,

we got a bigger fish to fry, I am sure those who might be using labour subs are legals here at one point and they do have a job,

we are not going to gain much by these ammendments,

I am just curious how much authority does USCIS and DOS have to alter our situation.

May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.

I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.

Your arguments are logical.

I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?

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felix31

01-16 10:43 PM

Hello,

To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.

slc_ut

I dont get it... What is the significance of birth certificate?

I only had to send in notarized passport copy to get ITIN. For foreign nationals, passport is more than enough.

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gc_chahiye

12-10 12:40 PM

Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.

http://www.murthy.com/news/n_yatmay.html

Any comments / suggestions ?

To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc... Safer to wait for approval...

glus

03-19 11:47 AM

My LCA was approved in July 2007.

My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

The USCIS returned the application asking us to re-send the application with a new check.

My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

All suggestions are highly appreciated.

Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.